Incidents that permanently harm a patient’s physical and psychological health should never happen, especially if they were caused by negligence. Unfortunately, one such incident that occurs often is a doctor performing the wrong procedure on a patient. These incidents can be extremely damaging and even deadly, depending on the type of procedure and the area in which it is wrongfully performed.

Under New York law, you could be entitled to a monetary award for your medical bills, pain, suffering, and other losses as a result of that practitioner’s negligence. A dedicated Albany wrong procedure lawyer could help you pursue compensation and justice from those that harmed you. Talk to a seasoned surgical error attorney to see what may be possible in your situation.

Recoverable Damages After Wrong Procedures

In a civil claim, the plaintiff seeks to recover monetary compensation—also known as damages—for financial costs and suffering related to their injuries. Patients who receive the wrong procedure may have damages stemming directly from the wrong procedure they received, as well as potential complications from not getting the surgery they needed. A knowledgeable Albany wrong procedure attorney could help determine which damages might apply in each case.

What is the Difference Between Economic and Non-Economic Damages?

Damages can be economic or non-economic in nature. Economic damages are more readily quantifiable and represent objective costs incurred by the plaintiff because of their injuries, such as medical expenses, lost wages, and legal expenses.

Non-economic damages do not have an inherent value, which can make it more difficult to determine a fair value for them. Non-economic damages in a wrong procedure case could include:

  • Loss of future earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of a limb or bodily function
  • Loss of consortium

No Damage Caps

As a part of tort reform, some states limit the monetary compensation that injured individuals could receive in a medical malpractice case, but New York does not. Malpractice victims in New York are eligible to recover as much money as a court sees fit, or as much money as the defendant agrees to settle upon.

What Are the Statute of Limitations for Wrong Procedure Lawsuits?

To have a chance at recovering civil damages, prospective plaintiffs must adhere to the statute of limitations when filing their case. According to New York Civil Practice Law and Rules §214-a, the deadline for filing a malpractice case is two years and six months from the date of the injury.

By hiring a wrong procedure lawyer in Albany, injured individuals could better ensure their case is filed before the statute of limitations expires. If time runs out before the plaintiff can file their case, the court would usually dismiss the case entirely, although there are exceptions in certain rare situations.

What a Albany Wrong Procedure Attorney Could Do to Help

If you received the wrong procedure at the hands of medical professionals you trusted, a dedicated Albany wrong procedure lawyer could help you fight for justice and compensation. Once retained, your attorney could determine who is liable for your injuries and what types of damages might be owed to you. Call today to get your case started before your right to file suit expires.